Page 15 - #6 COVER AMANAH BIL 6

14 NEANSGILOINSHALSECTION
Politicising the ‘Hudud Bill’ again
Sadly, Malaysia is now a nation
plagued with the perennial problems
of endemic corruption, embezzle-
ment, wastage and a widening income
inequality; a nation torn by deepening ra-
cial divide and religious intolerance due to
bigotry; a nation whose critical institutions
are chronically subverted by the powers-
that-be, thus losing their cardinal role of
check and balance of the separation of
powers for effective governance.
Despite all these gross failures of nation syariah courts to mete out some (perhaps
building, the issue of ‘Hudud’, is once again three) of the five Hudud sentences: those
taking centre stage. But why? Why was the
private member’s bill from the Member
of Parliament for Marang allowed to be
tabled?
To stand down all other government
matters on the order paper, only to be told
that the PAS president, Haji Abdul Hadi
Awang, wanted the debate to be deferred
is simply nonsensical.
Any thinking Malaysian would realise
that, by granting leave to debate the bill to
amend the Shariah Court (Criminal Juris-
diction) Act, and then conveniently defer-
ring the debate to a later session, smacks
of a sinister political manoeuvering at best
and downright despicable at worst.
Never mind that Barisan Nasional is
about to implode. Never mind that Paka-
tan Harapan might bite the ‘Hudud Bill’
bait and go into a tail-spin again, the way
‘Hudud’ dismantled Pakatan Rakyat. Never
mind that the debate was over a ‘motion’
or a ‘Bill’.
The nation is yet again embattled in this
acrimonious unending debate, arguably
without any constructive and productive
outcome.
Just as everyone was up in arms against
everyone else, seen as having contrarian
views, PM Najib Razak and his minister in
charge of religious affairs, Jamil Khir Baha-
rom, deemed it amusing to announce that
it is not a ‘Hudud Bill’ after all.
Is it a ‘Hudud Bill’ or not? Of course it is.
Why are you afraid to call a spade a spade?
Simply put, Hadi’s bill seeks to broaden
the syariah court’s jurisdiction for a ‘mini-
malist’ implementation of Hudud, allowing
not on the federal list Penal Code and not
involving death sentences.
The bill can pave the way for Hudud to
be implemented in Kelantan: specifically,
it allows Hudud punishments for adultery
or zina (sex between a couple not mar-
ried to each other), alcohol consumption
(syurb khamr) and apostasy (irtidad).
What if Hadi is successful? Should we
celebrate?
Is that all that Pas can offer of Islam and
shari’ah? Punishment and more punish-
ment!
This epitomises the intellectual paralysis
of the first generation Islamist political
parties that have deluded the minds of
undiscerning Muslims. The time has come
for all discerning Muslims to pronounce
loudly and clearly what Islam truly stands
for, beyond the punitive aspect of the
shari’ah.
Parti Amanah Negara will continue to
advocate for the higher objectives of the
shari’ah (maqasid shari’ah), as to address
the national failures and move forward
towards nation re-building.
To embrace the true embodiment of
“Islam as a mercy unto all Mankind” (Rah-
matan liL ‘Aalamin), Amanah upholds and
EDISI KEENAM / 14-30 JUN 2016 •
advocates for the imperative of ‘Human
Dignity’ (Karamah Insaniyyah) as funda-
mental to debunk all forms of discrimi-
nation based on race, faith, religion and
political affiliation.
Amanah advocates the principles of jus-
tice and equality (Al ‘Adl wa al-Musaawa),
in both responsibility and opportunity
for every citizen, to be observed and
institutionalized without prejudice and
discrimination. The Prophet Muhammad
(peace be upon him) pronounced this very
revolutionary precept and commitment in
his Medina Constitution.
Only when the recognition of the
dignity of Man is institutionalized in
political governance will the other higher
objectives of shari’ah, namely the pro-
tection and preservation of Faith (Hifzul
Deen), Life (Hifzul Nafs), Intellect (Hifzul
Aqal), Progeny (Hifzul Nasab) and finally
the protection of Property (Hifzul Maal);
be meaningful and operational within a
policy construct of enhancing a just and
equitable development.
While recognising the appropriate roles
of punishment and prohibition in Islam,
Amanah is opposed to its over-emphasis
as it reduces Islam to a way of life based on BN, as our political nemesis.
Dr Dzulkefly Ahmad is strategy director of Parti Amanah Negara.
rigid dos and doníts and finally becoming
Talibanic in coercion and policing.
Submission in Islam must be based on
conviction, knowledge and free-will and
not through legal acts of coercion, which
invariably breed ignorance, hypocrisy and
dishonesty, human ailments which Islam
endeavours to eliminate.
Amanah’s view of the Maqasid Shari’ah
additionally calls for Islam to be fun-
damentally hinged on its imperatives
of securing and protecting justice and
freedom (Hifzul ‘Adalah wa Hurriyah) for
all mankind.
Pas is at liberty to don any clothing,
from Arabic jubah and turbans to Malay
songket and tanjak, and to brandish the
longest keris. We could only wish them
well.
But when Pas retrogresses into cham-
pioning the doctrine of Malay-Muslim
supremacies (Ketuanan Melayu-Islam)
and reducing Islam to merely hudud and
punitive laws, fellow Malaysians can be
rest assured that Amanah and its coalition
partners, Pakatan Harapan, will lump Pas
together with their new found ally, Umno-
Amanah calls for an immediate systemic
reform premised on the ethical and moral
principles of accountability and trans-
parency as advocated by Islam and the
immediate restoration of the rule of law
(Siyadah al-Qanuniyyah).
Recognising the immediate and urgent
needs of a failing Malaysia, the “Hadi and
Najib Bill” simply reflects one party that
is completely oblivious to the injustice,
corruption, racial and religious strife in our
nation and another fighting for its politi-
cal survival by creating distractions from
1MDB, a national economic slump and a
potential party implosion.